USA Visa Waiver Programme for Undocumented Irsh

Question No. 526
Parliamentary Question - Oireachtas

To ask the Minister for Foreign Affairs and Trade the detail of his recent discussions with the authorities in the United States of America on the implementation of a Visa Waiver Programme for the undocumented Irish; and if he will make a statement on the matter.
- Darragh O'Brien.
* For WRITTEN answer on Tuesday, 31st May, 2016.
Ref No: 12724/16 Proof: 552

Question No. 527
Parliamentary Question - Oireachtas
To ask the Minister for Foreign Affairs and Trade the detail of his discussions with the Embassy of the United States of America on the Implementation of a Visa Waiver Programme for the undocumented Irish; and if he will make a statement on the matter.
- Darragh O'Brien.
* For WRITTEN answer on Tuesday, 31st May, 2016.
Ref No: 12725/16


REPLY

I propose to take questions number 526 and 527 together.

Achieving relief for undocumented Irish migrants in the US and agreement on a facility for future legal migration between Ireland and the US remains a priority in the new Government’s relationship with the United States. 
 
Our Embassy in Washington and Consulates elsewhere in the US are active in advocating immigration reform and the issue is also the subject of high level political contacts between Ireland and the US Government. Meetings such as those the Taoiseach and I held with President Obama, Vice President Biden, Speaker Ryan, Senator Schumer and other key Congressional contacts around St Patrick’s Day have provided an important opportunity to reiterate our concerns in relation to the undocumented Irish and to encourage progress on a comprehensive legislative package by Congress.
 
Additionally, the Government is aware of and has raised the matter of waivers of three and ten-year travel bans imposed by the US authorities on Irish undocumented who have overstayed their visa in the United States, most notably with President Obama during the Taoiseach’s visit to Washington for St Patrick’s Day last year.  
 
At my request, the Secretary General of the Department of Foreign Affairs and Trade wrote to the US Ambassador to ask him to explore the question of such waivers further. I have also had the opportunity to directly discuss the matter with the US Ambassador on a number of occasions.
 
In response to the Government’s representations the US Embassy has pointed out that the US waiver system operates uniformly worldwide and is applied in strict accordance with US laws and regulations.  Individuals who have received a three or 10 year ban for overstaying a visa in the US can apply for a waiver and these applications are assessed individually on a case-by-case basis, with the final decision on each a matter for the US authorities in Washington. The US Embassy also noted it was not possible for applicants to predict with any degree of certainty whether they would be successful in this process.

The Government has been assiduous in seeking to advance all viable opportunities to achieve relief for our undocumented citizens in the United States. While I am disappointed that representations to the US on this matter have not resulted in a more encouraging outcome, ultimately it is a matter for the US Government and US Embassy to interpret and implement their immigration laws.

The new Government, the Department of Foreign Affairs and Trade and our Embassy in Washington, will continue to actively pursue all opportunities to achieve relief for the undocumented with the US Administration and the US Embassy in Ireland